A notarial officer in this state, while located in this state, may perform a notarial act executed on an electronic record by a person not in the physical presence of the notarial officer but observed by the notarial officer through means of video communication technology if the notarial officer:
- (1) Has personal knowledge, by means of two different methods of identity proofing, that the person has the identity being claimed;
- (2) Affixes the notarial officer's signature to the electronic record executed by the person;
- (3) Indicates the remote location of the person executing the document in the notarial certificate pursuant to § 18-4-30;
- (4) Indicates in the notarial certificate pursuant to § 18-4-30 that the notarial act involved a statement made or a signature executed by a person not in the physical presence of the notarial officer, but appearing by means of video communication technology, and a tamper-evident electronic notarization system; and
- (5) Creates an audio-visual copy of the performance of the notarial act.
Source: SL 2024, ch 71 , § 4.